Rosalind Dixon – författare

Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea.In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions—through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak – strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.

Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism.An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

A new vision of liberalism that is fair and capable of responding to the challenges of a post-COVID worldLiberalism--and its promise of market-led prosperity--was in crisis well before COVID-19. Recent decades have seen a rise in concentrated unemployment and long-term stagnation in real wages in many of the world's leading economies. At the same time, the world has witnessed a dramatic rise of corporate power, concentration of wealth. and the failure of liberal societies to address some of the most pressing challenges of our time. To survive, liberalism will need a radical reboot-to find new ways of tackling the current challenges posed by corporate power, inequality, and climate change. In this book, Rosalind Dixon and Richard Holden argue this reboot means moving beyond recent neo-liberal versions of liberalism toward a more truly democratic form-from the idea of free markets to a vision of fair markets. The book offers a new vision of fair markets as well as the concrete policies and practical steps to make this ideal a reality. It proposes a universal green jobs-guarantee, a significant increase in the minimum wage and government support for wages, universal healthcare based on a two-track model of public and private provision, a new critical infrastructure policy for nation states to sit alongside a commitment to global free trade, and universal pollution taxes, with all proceeds returned directly to citizens by way of a green dividend. All of these policies combine a commitment to markets with democratic commitments to dignity for all citizens, and the regulation of markets in line with majority interests. By addressing underlying systemic problems of liberal societies and simultaneously emphasizing the importance of markets in ensuring the efficiency and sustainability of these policy solutions, Dixon and Holden present a vision of markets that are free, fair, and well-functioning, not simply free.With clear-headed analysis of how to pay for these ideas and the kind of democratic politics needed to make them a reality, From Free to Fair Markets is an accessible articulation of a new economic path for liberal societies coming out of the COVID-19 pandemic.

A new vision of liberalism that is fair and capable of responding to the challenges of a post-COVID worldLiberalism--and its promise of market-led prosperity--was in crisis well before COVID-19. Recent decades have seen a rise in concentrated unemployment and long-term stagnation in real wages in many of the world's leading economies. At the same time, the world has witnessed a dramatic rise of corporate power, concentration of wealth. and the failure of liberal societies to address some of the most pressing challenges of our time. To survive, liberalism will need a radical reboot-to find new ways of tackling the current challenges posed by corporate power, inequality, and climate change. In this book, Rosalind Dixon and Richard Holden argue this reboot means moving beyond recent neo-liberal versions of liberalism toward a more truly democratic form-from the idea of free markets to a vision of fair markets. The book offers a new vision of fair markets as well as the concrete policies and practical steps to make this ideal a reality. It proposes a universal green jobs-guarantee, a significant increase in the minimum wage and government support for wages, universal healthcare based on a two-track model of public and private provision, a new critical infrastructure policy for nation states to sit alongside a commitment to global free trade, and universal pollution taxes, with all proceeds returned directly to citizens by way of a green dividend. All of these policies combine a commitment to markets with democratic commitments to dignity for all citizens, and the regulation of markets in line with majority interests. By addressing underlying systemic problems of liberal societies and simultaneously emphasizing the importance of markets in ensuring the efficiency and sustainability of these policy solutions, Dixon and Holden present a vision of markets that are free, fair, and well-functioning, not simply free.With clear-headed analysis of how to pay for these ideas and the kind of democratic politics needed to make them a reality, From Free to Fair Markets is an accessible articulation of a new economic path for liberal societies coming out of the COVID-19 pandemic.

Designed for use in law school courses, Comparative Constitutional Law introduces fundamental debates on the nature of constitutions, constitutional comparison, and the relationships between constitutions and constitutionalism in its various forms. The book explores how constitutions are made and changed, including recent applications of "unconstitutional constitutional amendment" doctrines, and the role of different institutions - legislatures, executives, publics, as well as courts - in constitutional interpretation and constitutional change. Following a detailed study of the structure and interpretive approaches of national apex courts that decide constitutional questions, the book goes on to consider six subject areas of importance in contemporary constitutionalism: separation of powers and emergencies; federalism and related consociational constitutional arrangements; equality and pluralism; religion; free expression; and positive rights or duties. Including excerpts of cases and scholarly material from the Global South, Europe, and North America, this volume emphasizes the need to understand the broader sociolegal contexts in which constitutional design and decisions occur. In response to growing trends of democratic retrogression in courts around the world, this new edition provides expanded coverage of abusive constitutionalism, authoritarianism, and illiberalism. It additionally offers insightful discussions on constitutional actors' responses to the COVID-19 pandemic; gender and LGBTQ+ equality issues; and indigenous peoples' rights and environmental rights.Providing an overview of constitutional law that is both comprehensive and accessible, the fourth edition of Comparative Constitutional Law is an invaluable resource for law students and academics.

Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction-by encouraging courts to orient choices about constitutional construction toward promoting democratic responsiveness, or countering forms of democratic monopoly, blind spots, and burdens of inertia. At the same time, the idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position and potential limits on their own capacity and legitimacy. This translates into courts embracing a 'weakened' approach to judicial finality, or 'weak-strong' judicial review and remedies, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality. Dixon further argues that courts should look for ways to increase the legitimacy of their decisions-through careful choices about their framing, and the timing and selection of cases. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.

Law is a fast globalizing field and many lawyers, judges, and political leaders are engaged in a process of comparative 'borrowing'. But this new form of legal globalization has dark sides. It is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies, it is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth under the guise of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal Globalization and the Subversion of Liberal Democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. It addresses current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will be of interest to those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers dozens of countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.Contributors: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P.G. Carozza, C. Charters, J.A. Cheibub, S. Choudhry, D.M. Davis, R. Dixon, V. Ferreres Comella, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J.L. Hiebert, R. Hirschl, N. Hume, H. Irving, V.C. Jackson, G.J. Jacobsohn, D.P. Kommers, R.J. Krotoszynski, Jr, N. Lenagh-Maguire, F. Limongi, F.I. Michelman, K. O Regan, R.H. Pildes, K. Roach, K. Rubenstein, C. Saunders, D. Schneiderman, A. Stone, R. Teitel, M. Tushnet

This book investigates the role of female judicial leaders of courts worldwide, by exploring their contributions to constitutional guardianship as well as feminist institutional and jurisprudential change.Leading scholars outline the origins and significance of the steadily growing number of female chief justices and court presidents across the globe. They provide valuable insights into the conditions that support increased female participation and representation in law and public life, as well as ongoing challenges and barriers. Chapters draw on perspectives from both common and civil law, as well as feminist constitutional theory, covering topics such as judicial responses to democratic backsliding, comparative leadership styles, right-wing female actors in authoritarian regimes, and gendered silences in judicial histories. The book explores the notion of feminist judicial heroines, emphasising the difference between female versus feminist judges.This book is an exceptional resource for legal scholars and students with interests in gender and feminist dimensions of constitutionalism. It is also an essential read for judges and lawyers interested in the history and future of feminist jurisprudence.

The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.

The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and covers constitutional dialogues from an international and transnational perspective.

The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and covers constitutional dialogues from an international and transnational perspective.

Vigorous debate exists among constitutional scholars as to the appropriate ‘modalities’ of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or ‘values’. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court’s approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia’s constitutional system.

Vigorous debate exists among constitutional scholars as to the appropriate ‘modalities’ of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or ‘values’. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court’s approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia’s constitutional system.

The book presents an evolutionary view of Nepal’s constitutional system, grounded in the country’s historico-political context. In particular, the analysis focuses on three aspects. First, the book investigates Nepal’s processes of state formation and nation-building, centred on the institution of the Shah monarchy, Hinduism, and the Nepali language vis-à-vis Nepal’s high degree of socio-cultural diversity. Second, it explores the difficulties in democratising Nepal’s constitutional arrangements and entrenching the doctrine of popular sovereignty. This is reflected in the tensions between hereditary political power (the Shah monarchy and the Rana Prime Ministers) and representative political forces (political parties). Constitutionally, these tensions have resulted in the marginalisation of the legislature vis-à-vis the executive throughout the country’s history, notwithstanding the fact that Nepal has always featured a parliamentary form of government. Lastly, the frequent changes in Nepal’s fundamental law also reflect the profound influences of various foreign institutional models (in particular that of a ‘modified’ Westminster model) and their specific re-negotiation in the Nepali context, regardless of the fact that Nepal was never colonised.

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.

This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.The book provides students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the Constitution's structure and role in the new South Africa. Main themes include a description of the historical context and emergence of the Constitution through the democratic transition; the implementation of the Constitution and its role in building a new democratic society; the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa.

This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.The book provides students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the Constitution's structure and role in the new South Africa. Main themes include a description of the historical context and emergence of the Constitution through the democratic transition; the implementation of the Constitution and its role in building a new democratic society; the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa.

This volume addresses the important, but under-noticed, question of the impact of state size and scale for constitutional law and governance.Often, the best way to understand the effect of scale is to examine states where scale is demonstrably lacking. Doing so allows a form of 'reflective' comparison that provides greater insight and clarity into the significance of state size, and constitutional scale, as factors affecting a range of constitutional outcomes. As such, the collection brings together scholars from a wide range of jurisdictions, living and working across the Global South and North, to focus on the lessons from a range of small states and jurisdictions in this context. Attention is devoted to the constitutional experiences of such states and jurisdictions in Europe, Africa, Asia, South America, the Caribbean and Oceania. The volume also explicitly invites critical reflection on, and problemisation, of the issues of line-drawing and boundary definition around notions of state and jurisdictional size.It will be of interest to audiences working in and interested in small states generally, as well as a broader comparative audience interested in issues of scale in constitutional design and implementation.

“[The] written style is admirably clear, conversational and free from jargon … It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher EducationThis engaging, authoritative text has, since its very first edition, maintained its position as the market-leading introduction to the constitution of the United Kingdom. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. The new edition systematically examines the impact of the recent developments, including how COVID changed how government operated, the revolving door of Prime Ministers, the election of the Labour government, and the accession of King Charles III.Though introductory in approach, it does not shy away from the complexity of the constitutional landscape in the United Kingdom. It provides a contextual overview of the principles, doctrines and institutions that underpin the elusive constitution, allowing students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

“[The] written style is admirably clear, conversational and free from jargon … It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher EducationThis engaging, authoritative text has, since its very first edition, maintained its position as the market-leading introduction to the constitution of the United Kingdom. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. The new edition systematically examines the impact of the recent developments, including how COVID changed how government operated, the revolving door of Prime Ministers, the election of the Labour government, and the accession of King Charles III.Though introductory in approach, it does not shy away from the complexity of the constitutional landscape in the United Kingdom. It provides a contextual overview of the principles, doctrines and institutions that underpin the elusive constitution, allowing students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

Everything you need to know about the Australian constitution – its past, present and future.Far from being an unchangeable, technical legal contract, The People’s Guide to the Australian Constitution illustrates how the Australian Constitution gives people the power to participate in and decide the shape of government and the policies it adopts. Leading legal academics Rosalind Dixon and William Partlett shed light on what Governor General John Kerr didn’t acknowledge about the Constitution when he dismissed the Whitlam Government, the tension between Australia’s Christian settler colonial constitutional identity and the recognition of First Nations peoples, the advantages and risks of constitutional change and much more. At almost 125 years old, Australia’s constitution is one of the oldest in the world, and while this has brought stability, it also enables the people to participate in adapting it to changing times.

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention.This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. Tushnet

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention.This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. Tushnet